The Mexican Constitution recognizes your rights to individual freedom, autonomy, dignity, health, and free personality development.
WHY GET AN AMPARO IF THEY ARE LEGALIZING MARIHUANA ANYWAY?
If you are undecided using marijuana illegally or waiting for them to legalize marijuana for your personal use, it is important that you read this.
On February 13, 2019, the First Chamber of the Supreme Court of Justice of the Nation established mandatory jurisprudence for all local and federal courts and tribunals, on the unconstitutionality of the absolute prohibition of recreational or recreational use of marijuana provided by the General law of health.
Prior to this and in the legislative field, on November 8, 2018, the licensed Senator and current Secretary of the Interior Olga Sánchez Cordero and Senator Ricardo Monreal, with the endorsement of the Morena Parliamentary Group, presented an initiative to issue a new “Law General for the Regulation and Control of Cannabis ”(LGRCC), in order to regulate the sowing, cultivation, harvest, production, transformation, labeling, packaging, promotion, advertising, sponsorship, transportation, distribution, sale, marketing, portation and consumption of cannabis and its derivatives;
for personal, scientific and commercial purposes; as well as health control of cannabis for uses personal, scientific and commercial; This initiative also includes the creation of a Mexican Institute for the Regulation and Control of Cannabis, as a decentralized public body of the Ministry of Health.
Derived from the above, some people consider that it is not necessary to go to the Amparo trial in order to seek judicially to protect and respect their human right to the free development of personality since they consider that in the short term the consumption of the cannabis, However, in case you choose to process your protection, the effects of the sentence are to force
the Federal Commission for the Protection against Sanitary Risks (COFEPRIS) to grant the complainant the sanitary authorization to carry out the activities related to self-consumption with recreational or recreational purposes -Acquire seed sowing, growing, harvesting, preparing, possessing and transport— of the narcotic “cannabis” (sativa, indica and American or marijuana, its resin, preparations, and seeds) and the psychotropic “THC” (tetrahydrocannabinol, the following isomers: ∆6a (10a), ∆6a (7), ∆7 , ∆8, ∆9, ∆10, ∆9 (11) and its stereochemical variants), collectively known as
Likewise, in the Amparo sentences that we have obtained, it is indicated that it will be up to COFEPRIS to establish the guidelines and modalities for the acquisition of the seed, and to take all the necessary measures to give effect to the recognized right.
This means that COFEPRIS in strict compliance with the Amparo judgment is being obliged to grant sanitary authorizations and only for the acquisition of the seed establish guidelines and modalities, however, since there is currently a legal vacuum or legislative gap in the regulation and control of cannabis for personal use and purposes, the exercise of this
the right is only limited to not carrying out acts of commerce, supply or any
other than refer to the alienation and/or distribution of the substances, as well as not be exercised in front of minors, or in public places where third parties are found who have not
Therefore or the health authority can not set higher limits, requirements or conditions which the above to exercise your right to the playful and personal consumption of marijuana, without however, once the regulations are issued to regulate and control it , it will To comply with the guidelines and modalities established in the Law, in its Regulations and in the other provisions issued for this purpose by the health authority, as well as in each case in each of the states and their municipalities, that is, a Once consumption is regulated, you will be subject to compliance with higher requirements, limitations and conditions
As an example, in the LGRCC initiative, the production of cannabis for personal use should not exceed 480 grams per year, and the planting, cultivation, harvesting, use, preparation and transformation of up to 20 plants, and must also have to register them in a standard.
In addition to the above, if the LGRCC is approved, not only would the Mexican Institute for Regulation and Control of Cannabis be created, as a decentralized public body of the Ministry of Health, with powers to verify and apply sanctions, but also to have that starts a whole scaffolding of institutions and public policies not only at the federal level but also at the
state and municipal level, for which a large budget is required, which contrasts with the Republican austerity plan of the President and his Morena party, reason for which I consider that at least in the short term this Law will not be approved and the legalization of marijuana will still be in
limbo for some time.
In addition, prior to the approval by the Senate of the LGRCC, the initiative must be analyzed in its United Commissions of Health, Public Safety, and Legislative Studies, so that it can then be analyzed, discussed and also approved by the Chamber. of Deputies; do not say the terms of vacatio legis (entry into force), issuance of regulations and implementation of the entire administrative structure responsible for regulating, regulating, monitoring, sanctioning and evaluating the cannabis regulation system.
So, if you like cannabis’s personal and recreational use, without having to be subject to labor penalties for examinations, administrative sanctions or even incurring the crimes against health provided by both the General Health Law and the Federal Criminal Code, the recommendation would be to process your protection as soon as possible and not be more subject to the uncertainty that a law is approved or not, as well as to the times, guidelines and modalities that are established
How does it work?
With five sentences, the Supreme Court of Justice of the Nation has created jurisprudence. Now it is time to request the permits to COFEPRIS, and as they have done so far, they will give you a refusal. From there you have to process an Amparo. We take care of all this legal path.
What is the procedure?
What are the times for me to have my protection?
In the first instance, we are obliged to manage the permit with COFEPRIS to respond to the request for authorization for the consumption, transportation and personal cultivation of marijuana. They have a response period of approximately 3 months.
Once the answer, probably negative, is obtained, we will resolve it in your favor via Amparo, where the terms go from approximately 2 to 3 months until it is resolved.
In which states of the Mexican Republic can an Amparo be obtained?
With Cannabis Freedom you have the ability to be represented throughout the Mexican Republic. Your protection is processed from any state of the republic in which you are.
Which are the requirements?
Be over 18 at the time of starting the process
Copy of your INE credential or Visa (both sides LEGIBLE)
Payment of the service. Ask about our payment plans. Send via e-mail (or WhatsApp) a legible copy of the bank deposit form in the amount of $ 5,000 pesos
After the payment of the service, we will send you the COFEPRIS Application, which you have to sign (same signature of the INE credential or Visa)
COFEPRIS Request Extension Sheet, which you have to sign (same INE credential signature or Visa)
Petition Sheet Amparo Demand for lack of response, which you have to sign (same signature of the INE credential or Visa)
Petition Request Amparo a Contestación, which you have to sign (same signature of the INE credential or Visa)
All this documentation will have to be signed with your fist and letter (blue pen).
Send the complete documentation through the parcel service of your choice to:
Cannabis Freedom, Hidalgo Avenue 1936 Col. Ladron de Guevara, Guadalajara. Jalisco 44600.
Where do I pay for the service to get my protection?
Issue payment to:
Economic Intelligence, Social Innovation and Development SAPI de CV
Scotia Bank Account Number 00104815411
Send us the receipt to
Do not forget to send us a copy of the deposit slip to our email: [email protected] or to our WhatsApp lines.
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